After inexplicably allowing it to languish on his desk for over a
month, Virginia Governor Bob McDonnell (left) has finally joined the
fight against the National Defense Authorization Act (NDAA) by agreeing to sign the bill prohibiting Virginia’s military or law enforcement from assisting in the detention of American citizens.

The governor’s assent didn’t come without exception, however.
Virginia’s chief executive informed the state legislature that he would
sign HB 1160 only if they agree to amend the bill according to his wishes.

If the legislature passes the amended bill, then officers of the state
police, members of the Virginia National Guard, and Virginia Defense
Force would be forbidden to participate in the apprehension and
indefinite detention of Americans and the associated denial of habeas
corpus and Sixth Amendment right to counsel. Both these outrageous
violations of constitutional liberties are key components of the NDAA.

On March 8 the state Senate of Virginia passed HB 1160, the bill that
would prevent the use of any state agency or member of the Virginia
National Guard or Virginia Defense Force to participate in the unlawful
detention of a citizen of Virginia by the U.S. government in violation
of the state and federal constitution as set forth in the National
Defense Authorization Act (NDAA). The Senate vote completed legislative
action on the bill, which had already been approved by Virginia's House
of Delegates where it was introduced by Delegate Bob Marshall.

One of the most noxious elements of the NDAA is that it places the
American military at the disposal of the President for the apprehension,
arrest, and detention of those suspected of posing a danger to the
homeland (whether inside or outside the borders of the United States and
whether the suspect be a citizen or foreigner).

Furthermore, a key component of the NDAA mandates a frightening grant
of immense and unconstitutional power to the executive branch. Under the
provisions of Section 1021, the President is afforded the absolute
power to arrest and detain citizens of the United States without their
being informed of any criminal charges, without a trial on the merits of
those charges, and without a scintilla of the due process safeguards
protected by the Constitution of the United States.

Beyond that, in order to execute the provisions of Section 1021
described in the previous paragraph, subsequent clauses (Section 1022,
for example) unlawfully give the President the absolute and
unquestionable authority to deploy the armed forces of the United States
to apprehend and to indefinitely detain those suspected of threatening
the security of the “homeland.” In the language of this legislation,
these people are called “covered persons.”

The universe of potential “covered persons” includes every citizen of
the United States of America. Any American could one day find himself or
herself branded a “belligerent” and thus subject to the complete
confiscation of his or her constitutional civil liberties and nearly
never-ending incarceration in a military prison.

Given such egregious and frightening revocations of civil liberties, it
is curious why Governor McDonnell would delay signing a bill defending
the Constitution, as well as the sovereignty of the Old Dominion.

The amendments demanded by McDonnell alter Marshall’s original language
by adding the requisite mental state of “knowingly” to the actions of
state agents in the detention of citizens.

Additionally, McDonnell has added a provision that would exempt the
participation of Virginia’s military and police in the federal Joint Task Force-Civil Support (a Department of Defense command headquartered at Fort Eustis) or other
partnerships with federal agencies provided that such activities do not
include the carrying out of the indefinite detention provisions of the
NDAA.

The bill, as originally introduced by Delegate Marshall on January 16,
prohibited “any agency, political subdivision, employee, or member of
the military of Virginia from assisting an agency or the armed forces of
the United States in the investigation, prosecution, or detainment of a
United States citizen in violation of the Constitution of Virginia."

In the days prior to his announcement, several influential opponents of
the NDAA sent letters to Governor McDonnell urging him to quit stalling
and sign HB 1160.

One such appeal came from the Rutherford Institute.
In a letter sent April 6 by John W. Whitehead, founder and president of
the Rutherford Institute, Governor McDonnell is encouraged to sign the
bill and proclaim his defense of the fundamental constitutional
liberties threatened by the NDAA.

While not exactly jumping headlong into the fray, at least the Governor
has dipped his toe in the waters of state nullification of
unconstitutional federal legislation, and has promised to sign the bill
if his amendments are approved by the legislature.

A spokesman for the Governor, Taylor Thornely, issued a vaguely worded
statement that was about as noncommittal as possible for someone who
wants to have his constitutional cake and eat it too.

"The governor believes we must encourage and promote these
collaborative efforts while ensuring that core constitutional principles
enjoyed by all U.S. citizens are respected," Thornley said. "He
believes these standards are expected by all Virginians and wants to
take appropriate steps to reaffirm that position. In the governor's
view, this legislation now accomplishes that goal."

A story printed in the Richmond Times-Dispatch quotes Delegate Marshall as saying he was happy that the Governor had
decided to sign his bill. "I hope the folks in Washington understand
that they've crossed the line," Marshall said, calling the bill "a
definitive statement by the governor and legislature of Virginia that
we're not going to participate in activities that led to the illegal,
unjustified and unconstitutional detentions of American citizens of
Japanese descent during World War II."

There may be more to Governor McDonnell’s wish for a watered down bill
than just an accommodation for the Joint Task Force, however.

Now that Rick Santorum has dropped out of the presidential race and
Mitt Romney has been all but ordained the Republican candidate, severalmediaoutlets are reporting that McDonnell is on Romney’s short list for potential vice-presidential running mates.

Regardless of McDonnell’s motivations, however, Delegate Marshall is
certain that the legislature will accede to his amendments and pass the
bill again. Furthermore, he insists that the more important issue is the
defense of the Constitution.

“The U.S. Constitution provides for suspending habeas corpus in the
event of invasion, but Congress did not reference that provision when it
passed NDAA. That provision, and a similar one in the Virginia
Constitution, are what [separate] us from the likes of Nazis, Communists
and other totalitarian governments,” Marshall told The New American.

While Constitutionalists rightly applaud every effort of noble state
and local lawmakers to check the unconstitutional usurpations of the
federal government, Virginia’s bill (along with similar measures passed
in other states) does not truly nullify the NDAA.

In order to rightly nullify an act of the federal government, state
legislatures must interpose their authority and criminalize all attempts
by a federal agent to exercise unlawful dominion within the borders of
the state whose citizens they represent. It is only by fearlessly
wielding the sword of sovereignty that states may disarm the federal
force and reassert the rightful role of the states as defenders of the
Constitution.

Top Opinion

Great question! Remember, Ofraud could not have signed this without congress passing it! This brings up the point that there is only one party! Both the libs and the neocons are guilty of giving their elected traitor servants a pass on this one!!!

If my gubernatorial candidate in November does not promise to fight to nullify this, he is not getting my vote. I don't care how much else he does or says. Either you want to uphold the Constitution or you don't!

Obama has PROVEN that he can't be trusted, so why does he have support? The only reason that I can come up with on why Congress has not impeached him, is the Democrat infested Senate would protect him.

Lincoln's Inaugural Address, line 21 states very clearly that if the people don't like their government, they have every right and duty to replace said government.....by whatever means necessary.

Please REMEMBER....government only has the authority that the governed ALLOW!

Great question! Remember, Ofraud could not have signed this without congress passing it! This brings up the point that there is only one party! Both the libs and the neocons are guilty of giving their elected traitor servants a pass on this one!!!